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Miner v. Cook Et Al.

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eBook details

  • Title: Miner v. Cook Et Al.
  • Author : Supreme Court of Montana
  • Release Date : January 11, 1930
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 53 KB

Description

1. Injunction รข€” Equity requires full and candid disclosure of facts. A plaintiff, seeking the aid of a court of equity to obtain the extraordinary remedy of injunction, must make a full and candid disclosure of all the facts. 2. Injunction รข€” Criminal law not enforced by injunction. Generally, an injunction will not be granted either to enforce or prevent the enforcement of the criminal law. 3. Prohibition รข€” Injunction not proper here. Where the Sportsmens Club obtained a restraining order restraining the county officers from interfering with the clubs operation of slot machines, it was held that the question of whether the operation of the slot machines was in violation of the law was a question not before the Supreme Court. Such question must be determined by a criminal action in a court of law. Hence the complaint upon which the restraining order was granted did not state facts sufficient to constitute a cause of action and a peremptory writ should issue to amend the restraining order and prohibit further action in equity against the county officers.


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